[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70826-70827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-37]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
U.S. Army Corps of Engineers (Corps) Regulatory Guidance Letter
(RGL) 07-02: Exemptions for Construction or Maintenance of Irrigation
Ditches and Maintenance of Drainage Ditches under Section 404 of the
Clean Water Act (CWA)
AGENCY: U.S. Army Corps of Engineers, Department of Defense.
ACTION: Notice of availability.
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SUMMARY: The Corps issued RGL 07-02 to further explain the regulatory
exemptions for construction or maintenance of irrigation ditches and
maintenance of drainage ditches consistent with Section 404(f) of the
CWA (33 U.S.C. 1251 et seq.) and implementing regulations.
Specifically, the RGL clarifies when Section 404(f) exempts from
permitting requirements discharges of dredged or fill material into
waters of the United States associated with the construction and
maintenance of irrigation ditches and maintenance of drainage ditches.
The RGL also clarifies how certain terms in the regulations at 33 CFR
323.4 are applied in the context of the Sections 404(f) exemptions,
including irrigation ditch, drainage ditch, construction, and
maintenance. In addition, the guidance provides a framework for
determining the applicability of the exemptions and the recapture
provision, consistent with the CWA and implementing regulations. This
RGL was effective July 4, 2007.
DATES: Comments must be received on or before February 11, 2008.
ADDRESSES: Submit your comments, identified by docket number COE-2007-
0038, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Kimberly.S.McLaughlin@usace.army.mil. Include the
docket number, COE-2007-0038 in the subject line of the message.
Mail: 441 G Street, NW., Washington, DC 20314.
Hand Delivery: 441 G Street, NW., Washington, DC 20314.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to docket number COE-2007-0038.
The Corps's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means the Corps will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to the Corps without going through
http://www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the Corps recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the Corps cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
Corps may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at 441 G Street, NW.,
Washington, DC 20314. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Kim McLaughlin, Regulatory Community
of Practice (CECW-CO), U.S. Army Corps of Engineers, Headquarters, 441
G Street, NW., Washington, DC 20314; telephone number: (202) 761-7763;
fax number: (202) 761-5096; e-mail address:
Kimberly.S.McLaughlin@usace.army.mil.
SUPPLEMENTARY INFORMATION:
I. General Information
The Corps is requesting public comment on RGL 07-02, which is
available at: http://www.usace.army.mil/cw/cecwo/reg/rgls/rgl07-02.pdf.
At the same time, the Corps appreciates that the public has
considerable interest in the issues addressed in this guidance. The
Corps is particularly interested in hearing from the public regarding
their actual experience with implementing the guidance. The Corps is
providing a 60-day public comment period, and encourages the public to
provide comments informed by actual experience. To assure the public of
our commitment to carefully consider their comments, and to address
issues that
[[Page 70827]]
may unexpectedly arise during implementation of the guidance, the Corps
may within one year from the date of issuance reissue, revise, or
suspend the guidance. The Corps intends to provide examples and best
management practices, including clarification of key terminology, upon
receipt and consideration of public comments.
Dated: December 4, 2007.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E7-24191 Filed 12-12-07; 8:45 am]
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